Limiting the damage

Print This Post

By Legal Futures

4 June 2010


Police: co-operation dilemma

Q. I acted for a client in connection with an interview under caution at the police station. Whilst taking instructions before the interview, the client lost his temper and caused damage to the furniture. The police have now asked me to provide a statement with regard to the matter. What is my position?

A. You are not required to provide a statement. However, whilst you owe a duty of confidentiality to the client, this does not extend to this incident, which is not part of the retainer. You could therefore provide a statement if you wished to do so, provided you do not disclose any information which is confidential to the retainer.  

The SRA encourages the profession to cooperate with the police insofar as they can, but you will need to consider the likely impact on the solicitor-client relationship if you are still acting for the client.



One Response to “Limiting the damage”

  1. I have blogged on this here: I argue you seem to me to be saying Rule 1.01 does not take precendence over Rule 1.04

    http://lawyerwatch.wordpress.com/2010/06/07/public-interest-vs-client-interest/

  2. Richard Moorhead on June 7th, 2010 at 10:06 am

Leave a comment

* Denotes required field

All comments will be moderated before posting. Please see our Terms and Conditions

Legal Futures Blog

How to protect your firm from ransomware

Adam Curtis Hoowla

One news item has dominated the headlines over the last week – cyber-attacks and, in particular, the WannaCry ransomware. It is a well-known and well-documented fact that the legal industry, and conveyancing in particular, can be a vulnerable and high value target. This ranges from property hijacking – where fraudsters pose as legitimate owners of a property and sell it on without the real owner’s knowledge – to ‘Friday afternoon fraud’, with criminals contacting a busy law firm to ‘update’ their bank details to redirect funds.

May 22nd, 2017